In a heated debate with Stuart Varney, Napolitano argues the alleged Boston bomber must be granted his rights under the Constitution.

It's a hot-button issue that is being fiercely debated in the days following the arrest of 19-year-old Dzokhar Tsarnaev. Judge Andrew Napolitano weighed in on the subject this morning on Fox Business Network, getting into it with host Stuart Varney over the constitutional protections that should be afforded to Tsarnaev.

Napolitano said that "there's not a scintilla of evidence that these guys had any involvement with any organized group, domestic or foreign," which he said would have to be established before Tsarnaev can be labeled an enemy combatant. Varney argued that maybe the government could get more information on that subject if they could talk to Tsarnaev without a lawyer present.

"Guess what. The Fifth Amendment prevents us from 'getting' what we want to get out of him. If you want to suspend his Fifth Amendment right, there will be no limit to whose rights you can suspend!" said Napolitano, pointing out that the younger brother is a U.S. citizen and therefore gets the same "panoply" of constitutional rights that anyone else would.